Treasury drops criminal rape charges against Punta Engaño executives

The criminal charges filed against Barangay Punta Engaño officials were dismissed.

They were accused of continuing ship dismantling along the coast of Sitio Proper Jansen.

On June 20, 2024, Diosaminda “Josie” Hayashi and other concerned residents of Sitios Proper Jansen, Lupa and Kolo along with members of the Barangay Council including Mark Jonas Estardo, Mario Bacale, Elizabeth Martin filed criminal cases against Barangay Captain Crisanto Estardo . Carlito Pagobo, Vicente Dungog, Rebecca Adamos and Ranulfo Abejo Jr. for alleged violation of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.

They also filed a criminal complaint against the group with the Lapu-Lapu City Prosecutor’s Office for alleged violation of the Code of Conduct and Ethical Standards for Officials and Employees (RA 6713).

Mark Jonas, one of the respondents, told reporters Friday, Oct. 11, that prosecutors did not find “probable cause” for the criminal charges, leading to their dismissal.

“Our party filed a counter-affidavit and a verified motion to dismiss the filed suit and it was dismissed by the tax office on August 5,” Estardo said in a mix of Cebuano and English.

background

According to the complainants, the barangay officials violated Section 3 of RA 3019 by allowing the ship dismantling operations to continue despite the cease-and-desist order issued by Mayor Junard Chan on January 31.

They said residents suffered from respiratory infections and pneumonia due to prolonged exposure to fibrous dust released during the activity. They also said residents suffered from skin irritations allegedly caused by “fiberglass-like particles” leaking from the ship.

The complainants said barangay officials dismissed residents’ concerns and supported the interests of the company behind the operation.

For their part, barangay officials said they were not liable for criminal charges because the complainants failed to provide elements of Section 3

of the law.

They pointed out that an inspection carried out by various departments of the city administration revealed that there was no continued scrapping work. Instead, the company behind the operation simply followed the recommendations for containing residual and hazardous waste.

They also denied giving undue advantages and preferences to the ship owner and the company behind the ship dismantling.

Respondents added that they had no intention of dismissing residents’ concerns, but emphasized that their health problems may have been caused by something else.

The complainants also filed the same cases with the Office of the Ombudsman for violations of RA 6770 or the Ombudsman Act of 1989 or serious misconduct.

Planned mediation

The Ombudsman supported the investigation of the case before the city council, while the complainants demanded that the officials be preemptively suspended during the investigation.

On September 30, the Council adopted a decision rejecting the complainants’ application.

“The criminal cases filed with the tax office have been officially dismissed…What we are waiting for is the decision of the Sangguniang Panlungsod (City Council),” Estardo said in a mix of Cebuano and English.

Last Wednesday, October 9, the Council held a pre-trial hearing, but the applicants did not file a pre-trial brief.

The council has scheduled a mediation for October 17, where the complainants and defendants can sit down and talk to each other.

Another preliminary hearing is scheduled for October 31st. / DPC